Torts Flashcards

To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation, and which fourth element?

Answer: Damages

The four elements of negligence are duty, breach, causation (actual and proximate), and damages — all must be proven to succeed.

New Jersey follows which system for apportioning fault among multiple defendants in tort cases?

Answer: Modified comparative fault with a 51% bar

NJ uses the modified comparative fault system: a plaintiff may recover only if their fault is 50% or less, with damages reduced by their percentage of fault.

Under the doctrine of res ipsa loquitur, a plaintiff can establish a breach inference when the accident ordinarily does not occur without negligence and what other condition is met?

Answer: The instrumentality causing harm was in the defendant's exclusive control

Res ipsa requires that the accident-causing instrumentality was within the defendant's exclusive control, supporting an inference of their negligence.

A landowner in New Jersey owes which standard of care to an invitee on their property?

Answer: Reasonable care to inspect and warn of known dangers

New Jersey imposes on landowners a duty of reasonable care, including reasonable inspection and warning of non-obvious dangerous conditions, toward invitees.

In a products liability case, strict liability under Restatement Second 402A requires the product to have been in a defective condition that was what?

Answer: Unreasonably dangerous to users or consumers

Strict products liability under 402A requires that the product be defective and unreasonably dangerous when it leaves the seller's hands.

Intentional infliction of emotional distress requires the defendant's conduct to have been what level of extreme?

Answer: Outrageous — beyond all possible bounds of decency tolerated by civilized society

IIED requires conduct so outrageous and extreme that it exceeds all bounds tolerated by a civilized society, causing severe emotional distress.